Common use of Corporate Power and Authority; No Conflicts Clause in Contracts

Corporate Power and Authority; No Conflicts. The execution, delivery and performance by the Borrower of this Agreement and the Revolving Notes have been duly authorized by all necessary corporate action and do not and will not (a) require any consent or approval of its shareholders; (b) violate any provisions of its certificate of incorporation or by-laws; (c) violate any provision of, or require any filing, registration, consent or approval under, any law, rule, regulation (including without limitation, Regulation U and X), order, writ, judgment, injunction, decree, determination or award presently in effect having applicability to and binding upon the Borrower or any Subsidiary, except with respect to filings described on Schedule 4.15, which filings have been made; (d) result in a breach of or constitute a default or require any consent under any indenture, mortgage or loan or credit agreement or any other material agreement, lease or instrument to which the Borrower or any Subsidiary is a party or by which it or its Properties may be bound; or (e) result in, or require, the creation or imposition of any Lien upon or with respect to any of the Properties now owned or hereafter acquired by the Borrower.

Corporate Power and Authority; No Conflicts. The execution, delivery and performance by the Borrower of this Agreement Agreement, the Note and the Revolving Notes Security Agreement have been duly authorized by all necessary corporate action and do not and will not (a) require any consent or approval of its shareholders; (b) violate any provisions of its certificate articles of incorporation or by-laws; (c) violate any provision of, or require any filing, registration, consent or approval under, any law, rule, regulation (including without limitation, Regulation U and X), order, writ, judgment, injunction, decree, determination or award presently in effect having applicability to and binding upon the Borrower or any Subsidiary, except with respect to filings described on Schedule 4.15, which filings have been made; (d) result in a breach of or constitute a default or require any consent under any indenture, mortgage mortgage, or loan or credit agreement or any other material agreement, lease or instrument to which the Borrower or any Subsidiary is a party or by which it or its Properties may be bound; or (e) result in, or require, the creation or imposition of any Lien upon or with respect to any of the Properties now owned or hereafter acquired by the Borrower, except as created by the Security Agreement.

Corporate Power and Authority; No Conflicts. The execution, delivery and performance by the Borrower and each Guarantor of this Agreement and the Revolving Notes Loan Documents have been duly authorized by all necessary corporate action and do not and will not not: (a1) require any consent or approval of its shareholdersstockholders; (b2) violate any provisions of contravene its certificate of incorporation or by-laws; (c3) violate any provision of, or require any filing, registration, consent or approval underunder any Law (including, any law, rule, regulation (including without limitation, Regulation Regulations T, U and XX of the Board of Governors of the Federal Reserve System), order, writ, judgment, injunction, decree, determination or award presently in effect having applicability to and binding upon the Borrower or any Subsidiarysuch Guarantor, except with respect to filings described on Schedule 4.15, which filings have been madeas the case may be; (d4) result in a breach of or constitute a default under or require any consent under any indenture, mortgage indenture or loan or credit agreement or any other material agreement, lease or instrument to which the Borrower or any Subsidiary Guarantor is a party or by which it or its Properties properties may be boundbound or affected; or (e5) result in, or require, the creation or imposition of any Lien (other than as created under the Security Documents), upon or with respect to any of the Properties properties now owned or hereafter acquired by the BorrowerBorrower or any Guarantor, as the case may be.

Corporate Power and Authority; No Conflicts. The execution, delivery and performance by the Borrower of this Agreement and the Revolving Notes Note have been duly authorized by all necessary corporate action and do not and will not (a) require any consent or approval of its shareholders; (b) violate any provisions of its certificate of incorporation or by-laws; (c) violate any provision of, or require any filing, registration, consent or approval under, any law, rule, regulation (including without limitation, Regulation U and X), order, writ, judgment, injunction, decree, determination or award presently in effect having applicability to and binding upon the Borrower or any Subsidiary, except with respect to filings described on Schedule 4.15, which filings have been made; (d) result in a breach of or constitute a default or require any consent under any indenture, mortgage or loan or credit agreement or any other material agreement, lease or instrument to which the Borrower or any Subsidiary is a party or by which it or its Properties may be bound; or (e) result in, or require, the creation or imposition of any Lien upon or with respect to any of the Properties now owned or hereafter acquired by the Borrower.